Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 34343 

§ 755.10 Death, incompetence, or 

disappearance. 

(a) In the case of the death, 

incompetency, or disappearance of a 

person or the dissolution of an entity 

that is eligible to receive a payment in 

accordance with this part, such alternate 

person or persons specified in part 707 

of this chapter may receive such 

payment, as determined appropriate by 

FSA. 

(b) Payments may be made to an 

otherwise eligible producer who is now 

deceased or to a dissolved entity if a 

representative who currently has 

authority to enter into an application for 

the producer or the producer’s estate 

signs the application for payment. Proof 

of authority over the deceased 

producer’s estate or a dissolved entity 

must be provided. 

(c) If a producer is now a dissolved 

general partnership or joint venture, all 

members of the general partnership or 

joint venture at the time of dissolution 

or their duly authorized representatives 

must be identified in the application for 

payment. 

§ 755.11 Maintaining records. 

Persons applying for payment under 

this part must maintain records and 

accounts to document all eligibility 

requirements specified in this part. 

Such records and accounts must be 

retained for 3 years after the date of 

payment to the producer under this 

part. 

§ 755.12 Refunds; joint and several 

liability. 

(a) Any producer that receives excess 

payment, payment as the result of 

erroneous information provided by any 

person, or payment resulting from a 

failure to comply with any requirement 

or condition for payment under this 

part, must refund the amount of that 

payment to FSA. 

(b) Any refund required will be due 

from the date of the disbursement by the 

agency with interest determined in 

accordance with paragraph (d) of this 

section and late payment charges as 

provided in part 1403 of this title. 

(c) Each producer that has an interest 

in the agricultural operation will be 

jointly and severally liable for any 

refund and related charges found to be 

due to FSA. 

(d) Interest will be applicable to any 

refunds to FSA required in accordance 

with parts 792 and 1403 of this title 

except as otherwise specified in this 

part. Such interest will be charged at the 

rate that the U.S. Department of the 

Treasury charges FSA for funds, and 

will accrue from the date FSA made the 

payment to the date the refund is 

repaid. 

(e) FSA may waive the accrual of 

interest if it determines that the cause of 

the erroneous payment was not due to 

any action of the person or entity, or 

was beyond the control of the person or 

entity committing the violation. Any 

waiver is at the discretion of FSA alone. 

§ 755.13 Miscellaneous provisions and 

appeals. 

(a) Offset. FSA may offset or withhold 

any amount due to FSA from any 

benefit provided under this part in 

accordance with the provisions of part 

1403 of this title. 

(b) Claims. Claims or debts will be 

settled in accordance with the 

provisions of part 1403 of this title. 

(c) Other interests. Payments or any 

portion thereof due under this part will 

be made without regard to questions of 

title under State law and without regard 

to any claim or lien against the eligible 

reimbursable costs thereof, in favor of 

the owner or any other creditor except 

agencies and instrumentalities of the 

U.S. Government. 

(d) Assignments. Any producer 

entitled to any payment under this part 

may assign any payments in accordance 

with the provisions of part 1404 of this 

title. 

(e) Violations regarding controlled 

substances. The provisions of § 718.6 of 

this chapter, which generally limit 

program payment eligibility for persons 

who have engaged in certain offenses 

with respect to controlled substances, 

will apply to this part. 

(f) Appeals. The appeal regulations 

specified in parts 11 and 780 of this 

chapter apply to determinations made 

under this part. 

Signed in Washington, DC on June 9, 2010. 

Jonathan W. Koppess, 

Administrator, Farm Service Agency. 

[FR Doc. 2010–14427 Filed 6–16–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 925 and 944 

[Doc. No. AMS–FV–09–0085; FV10–925–1 

FIR] 

Grapes Grown in a Designated Area of 

Southeastern California and Imported 

Table Grapes; Relaxation of Handling 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that relaxed the handling 

requirements prescribed under the 

California table grape marketing order 

(order) and the table grape import 

regulation. The interim rule relaxed the 

one-quarter pound minimum bunch size 

requirement for the 2010 and 

subsequent seasons for grapes packed in 

consumer packages holding 2 pounds 

net weight or less. Under the relaxation, 

up to 20 percent of the weight of such 

containers may consist of single clusters 

of at least five berries each. This action 

continues the relaxation that was 

prescribed on a one-year test basis in 

2009 and provides California desert 

grape handlers and importers the 

flexibility to respond to an ongoing 

marketing opportunity to meet 

consumer needs. 

DATES: Effective June 18, 2010. 

FOR FURTHER INFORMATION CONTACT: Jerry 

L. Simmons, Marketing Specialist, or 

Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or E-mail: 

Jerry.Simmons@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/

AMSv1.0/ams.fetchTemplate

Data.do?template=TemplateN&

page=MarketingOrders

SmallBusinessGuide; or by contacting 

Antoinette Carter, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

925, as amended (7 CFR part 925), 

regulating the handling of grapes grown 

in a designated area of southeastern 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

This rule is also issued under section 

8e of the Act, which provides that 

whenever certain specified 

commodities, including table grapes, are 

regulated under a Federal marketing 

order, imports of these commodities 

into the United States are prohibited 


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34344 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 

unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

The shipping of table grapes produced 

in a designated area of southeastern 

California is regulated by 7 CFR part 

925. The regulations specify that 

bunches of grapes must weigh a 

minimum of one-quarter pound to meet 

requirements of U.S. No. 1 Table grade 

grapes. In response to a marketing 

opportunity, the industry experimented 

with a new container during the 2009 

season. The experimental container’s 

small capacity makes it difficult to 

completely fill with grape bunches of 

one-quarter pound or larger. Therefore, 

for the 2009 season, the minimum 

bunch size requirement was relaxed for 

U.S. No. 1 table grade grapes packed in 

these containers. The 2009 experimental 

period was successful and the 

Committee recommended continuing 

these handling requirements for the 

2010 and subsequent seasons. 

Imported table grapes are subject to 

regulations specified in 7 CFR part 944. 

Under those regulations, imported 

grapes must meet the same minimum 

size requirement as specified for 

domestic grapes under the order. 

Therefore, the minimum bunch size 

requirement was also relaxed for 

imported grapes packed in small 

consumer packages containing 2 pounds 

net weight or less. 

In an interim rule published in the 

Federal Register on April 5, 2010, and 

effective on April 8, 2010, (75 FR 17031, 

Doc. No. AMS–FV–09–0085, FV10–925– 

1 IFR), §§ 925.304 and 944.503 were 

amended by relaxing the one-quarter 

pound minimum bunch size 

requirement for the 2010 and 

subsequent seasons for U.S. No. 1 Table 

grade grapes packed in small consumer 

packages containing 2 pounds net 

weight or less. Under the relaxation, up 

to 20 percent of the weight of each 

clamshell container (individual 

consumer packages) may consist of 

single clusters weighing less than onequarter pound, but with at least five 

berries each. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

action on small entities. Accordingly, 

AMS has prepared this final regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are about 15 handlers of 

southeastern California grapes who are 

subject to regulation under the order 

and about 50 grape producers in the 

production area. In addition, there are 

about 100 importers of grapes. Small 

agricultural service firms are defined by 

the Small Business Administration 

(SBA) (13 CFR 121.201) as those having 

annual receipts of less than $7,000,000 

and small agricultural producers are 

defined as those whose annual receipts 

are less than $750,000. Four of the 15 

handlers subject to regulation have 

annual grape sales of more than 

$7,000,000. Based on data from the 

National Agricultural Statistics Service 

and the committee, the crop value for 

2009 was about $55,000,000. Dividing 

this figure by the number of producers 

(50) yields an average annual producer 

revenue estimate of $1,100,000, this is 

above the SBA threshold of $750,000. 

Based on the foregoing, it may be 

concluded that a majority of grape 

handlers and none of the producers may 

be classified as small entities. It is 

estimated that the average importer 

receives $3,200,000 in revenue from the 

sale of grapes. Therefore, it may be 

concluded that the majority of importers 

may be classified as small entities. 

This rule continues in effect the 

action that revised § 925.304(a) of the 

rules and regulations of the California 

desert grape order and § 944.503(a)(1) of 

the table grape import regulation. This 

rule continues in effect the action that 

relaxed the one-quarter pound 

minimum bunch size requirement for 

the 2010 and subsequent seasons for 

U.S. No. 1 Table grade grapes packed in 

small consumer packages containing 2 

pounds net weight or less. Under the 

relaxation, up to 20 percent of the 

weight of each consumer package 

weighing two pounds or less may 

consist of single clusters weighing less 

than one-quarter pound, but with at 

least five berries each. Authority for the 

change to the California desert grape 

order is provided in §§ 925.52(a)(1) and 

925.53. Authority for the change to the 

table grape import regulation is 

provided in section 8e of the Act. 

There is general agreement in the 

industry for the need to continue to 

relax the minimum bunch size 

requirement for grapes packed in these 

consumer packages to allow for more 

packaging options. No additional 

alternatives were considered because 

the 2009 one-year test relaxation 

produced the desired results with no 

identified problems. The committee 

unanimously agreed that the relaxation 

for grapes packed in consumer packages 

containing 2 pounds net weight or less 

was appropriate to prescribe for the 

2010 and subsequent seasons. 

Regarding the impact of this rule on 

affected entities, this rule provides both 

California desert grape handlers and 

importers the flexibility to continue to 

respond to an ongoing marketing 

opportunity to meet consumer needs. 

This marketing opportunity initially 

existed in the 2009 season, and the 

minimum bunch size regulations were 

relaxed accordingly for one year on a 

test basis. As in 2009, handlers and 

importers will be able to provide buyers 

in the retail sector more packaging 

choices. The relaxation may result in 

increased shipments of consumer-sized 

grape packages, which would have a 

positive impact on producers, handlers, 

and importers. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

grape handlers or importers. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. In 

addition, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap or conflict with this rule. 

Further, the committee’s meeting was 

widely publicized throughout the grape 

industry and all interested persons were 

invited to attend the meeting and 

participate in committee deliberations. 

Like all committee meetings, the 

November 12, 2009, meeting was a 

public meeting and all entities, both 

large and small, were able to express 

their views on this issue. Also, the 

World Trade Organization, the Chilean 

Technical Barriers to Trade inquiry 

point for notifications under the U.S– 

Chile Free Trade Agreement, the 

embassies of Argentina, Brazil, Canada, 

Chile, Italy, Mexico, Peru, and South 

Africa, and known grape importers were 

also notified of this action. 

Comments on the interim rule were 

required to be received on or before May 

5, 2010. One comment was received. 

That comment was in support of the 

relaxation of the handling requirements 

providing a larger tolerance margin for 


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Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 34345 

smaller bunches in consumer packages 

holding 2 pounds net weight or less. 

Therefore, for the reasons given in the 

interim rule, we are adopting the 

interim rule as a final rule, without 

change. 

To view the interim rule, go to: 

http://www.regulations.gov/search/

Regs/home.html#documentDetail?

R=0900006480acfcb7. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this final rule. 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (75 FR 17031, April 5, 2010) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects 

7 CFR Part 925 

Grapes, Marketing agreements and 

orders, Reporting and recordkeeping 

requirements. 

7 CFR Part 944 

Avocados, Food grades and standards, 

Grapefruit, Grapes, Imports, Kiwifruit, 

Limes, Olives, Oranges. 

PARTS 925 and 944—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR parts 925 and 944 and 

that was published at 75 FR 17031 on 

April 5, 2010, is adopted as a final rule, 

without change. 

Dated: June 11, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–14572 Filed 6–16–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 956 

[Doc. No. AMS–FV–10–0020; FV10–956–1 

FR] 

Sweet Onions Grown in the Walla 

Walla Valley of Southeast Washington 

and Northeast Oregon; Changes to 

Reporting and Assessment Due Dates 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule changes the 

reporting and assessment date 

requirements prescribed under the 

marketing order regulating the handling 

of sweet onions grown in the Walla 

Walla Valley of southeast Washington 

and northeast Oregon. The marketing 

order is administered locally by the 

Walla Walla Sweet Onion Marketing 

Committee (hereinafter referred to as the 

‘‘Committee’’). This rule revises the 

submission due date for certain handler 

reports and assessment payments from 

September 1 to September 30. This 

change allows handlers additional time 

to compile requisite information and 

submit it to the Committee. It is 

expected that this action will improve 

handler compliance with the 

administrative requirements of the 

marketing order. 

DATES: Effective Date: July 19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent, Marketing Specialist, 

or Gary Olson, Regional Manager, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Barry.Broadbent@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing 

Agreement and Order No. 956, both as 

amended (7 CFR part 956), regulating 

the handling of sweet onions in the 

Walla Walla Valley of southeast 

Washington and northeast Oregon, 

hereinafter referred to as the ‘‘order.’’ 

The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This final rule revises the due date 

prescribed in the order’s administrative 

rules for certain reports and assessment 

payments. Specifically, the submission 

due date for handler shipment 

statements and assessment payments for 

Walla Walla sweet onions shipped prior 

to September 1 (hereinafter referred to 

as ‘‘regular season’’) is changed from 

September 1 to September 30. The due 

date change will allow handlers the 

needed time to compile information, file 

reports, and pay assessments. It is 

expected that this action will improve 

handler compliance with the order’s 

reporting and assessment requirements. 

The rule was unanimously 

recommended by the Committee at its 

February 2, 2010, meeting. 

Section 956.80 of the order provides 

that, upon request of the Committee, 

with the approval of the Secretary, each 

handler shall furnish to the Committee, 

in such manner and at such time as it 

may prescribe, such reports and other 

information as may be necessary for the 

Committee to perform its duties. In 

addition, § 956.42(a) provides that each 

person who first handles Walla Walla 

sweet onions shall pay assessments to 

the Committee upon demand. 

Section 956.180(b) of the order’s 

administrative rules prescribes that each 

handler shall furnish to the Committee 

a Handler’s Statement of Walla Walla 

Sweet Onion Shipments. Prior to this 

final rule, for Walla Walla sweet onions 

handled prior to September 1, such 

report was required to be furnished to 

the Committee by September 1. In 

addition, § 956.142 of the order 

provided that, for Walla Walla Sweet 

Onions handled prior to September 1, 

annual assessment payments were also 

due September 1. 

At its meeting on February 2, 2010, 

the Committee recommended that the 

order’s reporting and assessment due 

date for regular season shipments be 

changed from September 1 to September 

30 to allow handlers additional time to 


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